PEMIUTANG PENGHAKIMAN Marina Bay Sands Pte Ltd PENGHUTANG PENGHAKIMAN Tan See Meng

PEMIUTANG PENGHAKIMAN Marina Bay Sands Pte Ltd PENGHUTANG PENGHAKIMAN Tan See Meng

The court dismissed the appeal because the registered Singapore judgment remained valid and enforceable; the insolvency court will not go behind the registered judgment and the Judgment Debtor had not first applied to set aside the registration under REJA, therefore the application to set aside the Bankruptcy Notice failed.

Citation
WA-29NCC-457-04/2022 (Mahkamah Tinggi)
Parties
Judgment Debtor: TAN SEE MENG; Judgment Creditor: MARINA BAY SANDS PTE. LTD.
Court
High Court
Jurisdiction
Malaysia
Judgment Date
11 August 2023
Case Number
WA-29NCC-457-04/2022 (Mahkamah Tinggi)
Procedural Posture
Bankruptcy Enforcement of Registered Foreign Judgment / Appeal to High Court From Senior Assistant Registrar Decision on Application to Set Aside Bankruptcy Notice
Outcome
Appeal dismissed
Legal Topics
Setting Aside Bankruptcy Notice, Registration and Challenge of Foreign Judgment Under REJA, Public Policy Defence to Enforcement of Foreign Judgments, Counterclaim/set Off Under Insolvency Act S3(1)(i)
Source Language
Malay/English
Bankruptcy Law Enforcement of Foreign Judgments Insolvency Law Conflict of Laws Public Policy Contract Law (gambling) Setting Aside Bankruptcy Notice Registration and Challenge of Foreign Judgment Under REJA +2 more

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Parties

TAN SEE MENG

Judgment Debtor

MARINA BAY SANDS PTE. LTD.

Judgment Creditor

Procedural Posture

Bankruptcy Enforcement of Registered Foreign Judgment / Appeal to High Court From Senior Assistant Registrar Decision on Application to Set Aside Bankruptcy Notice

Legal Issues

  1. 1 Whether bankruptcy notice can be set aside on ground that underlying claim arises from gambling and is unenforceable in Malaysia
  2. 2 Whether the registered Singapore judgment satisfied REJA and remains enforceable
  3. 3 Whether the insolvency court may go behind a registered foreign judgment without first setting aside the registration under REJA

Ratio Decidendi

The court dismissed the appeal because the registered Singapore judgment remained valid and enforceable; the insolvency court will not go behind the registered judgment and the Judgment Debtor had not first applied to set aside the registration under REJA, therefore the application to set aside the Bankruptcy Notice failed.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Judgment Debtor to pay costs of RM2000.00